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NY S00727
Bill
Status
1/8/2025
Primary Sponsor
James Sanders
Click for details
AI Summary
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Establishes a presumption that the date of discovery of injury in toxic exposure cases is the date the diagnosis was conveyed to the plaintiff or claimant
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Extends the time period for discovering the specific toxic cause of injury from 5 years to 10 years after the initial injury discovery
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Increases the statute of limitations for filing a claim after discovering the cause of injury from 1 year to 3 years
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Requires plaintiffs filing claims after the standard limitation period to prove that scientific/medical knowledge to ascertain the cause was not available, or that despite diligent effort the cause was not known to them
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Applies to personal injury or property damage claims caused by latent effects of exposure to toxic substances
Legislative Description
Provides that in toxic tort cases the date of discovery of the injury by the plaintiff or claimant is presumed to be the date of diagnosis and where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.
Last Action
REFERRED TO JUDICIARY
1/7/2026